Talk:Movement Charter/Content analysis

Translation

Could this be marked for translation, please? Joalpe (talk) 13:33, 4 July 2024 (UTC)

@Joalpe: Done RamzyM (WMF) (talk) 15:22, 4 July 2024 (UTC)

Remarks to some of the conclusions: flaws & failures

Terms of Use do describe 'individual contributor'; NO change in Movement Charter

The 'high level content analyses' states: "Definition of individual contributor : Change ➼ The term of “individual contributor” has been used in the Wikimedia Movement for a while, even though more specific terms referring to contributions have been used more regularly (e.g. editor, developer, etc.) ➼ The term can be most consistently linked back to the Wikimedia 2030 Movement Strategy process, especially its dedicated consultation track for individual contributors (Track B) in 2017."

The Terms of Use version 2012, drafted and approved after intensive movement discussions (see Geoff Brigham (2011), Terms of Use), are of a much earlier date and write: "You, the user, are welcome to join as a contributor, editor, or author, but you should follow the policies that govern each of the independent Project editions, including the Universal Code of Conduct (UCoC), which apply to all Project editions. The largest of our Projects is Wikipedia, but we host other Projects too, each with different objectives and work methods. Each Project edition has a team of contributors, editors or authors who work together to create and manage the content on that Project edition. You are welcome to join these teams and work with them to improve these Projects. Since we are dedicated to making content freely accessible to the public, content you contribute is made available under a free license or released in the public domain. Please be aware that you are legally responsible for all of your contributions, edits, and reuse of Wikimedia content under the laws of the United States of America and other applicable laws (which may include laws where you or the subject of your contributions are located). This means it is important that you exercise caution when posting, modifying or reusing content. In light of this responsibility, we have some rules about what you cannot do, most of which are either for your own protection or for the protection of other users like yourself." Now that it is a civil law environment that regulates the relations within the Wikimedia Movement in the first place, with the Wikimedia Foundation as the highest 'rulemaker' and the WMF Terms of Use as an important set of rules, a 'high level content analyses' should have referred to the definition given in the ToU and inform readers that the Charter text is not a change compared to the ToU.

Terms of Use do describe 'The community'

"The community – the network of users who are constantly building and using the Projects and/or their websites (hereby referred to as "Project Websites") – is the principal means through which the goals of the mission are achieved. The community contributes to and helps govern our Projects and Project Websites. The community also undertakes the critical function of creating and enforcing policies for the specific Project editions (such as the different language editions for the Wikipedia Project or the Wikimedia Commons multilingual edition)."

Movement Charter does NOT define communities as "the online project communities"

The high level analyses writes: "The Wikimedia Foundation has had a different approach in definition of “community”, rather including both volunteers and affiliates of the Wikimedia Community under this overarching term (e.g. description of the Community Growth team). The Movement Charter proposes to use the term only in reference to the online project communities." The Charter text however writes: "Wikimedia Movement communities are groups of people who contribute online and offline to build and advance the Wikimedia Movement vision. Such communities include individual participants, paid staff, and representatives from partner organizations that are aligned with the Wikimedia Movement vision. Wikimedia Movement communities include, but are not limited to, project communities, geographic communities, language communities, and technology/developer communities. The Wikimedia Movement is formed, developed and sustained by the collective and individual work and membership of its communities."

Movement Charter is NOT calling on responsibility of each and every project community to develop their proper dispute resolution and moderation process; project communities do NOT have autonomy

The high level analyses states: "Rights and responsibilities of communities - The key change is calling on responsibility of each and every project community to develop their proper dispute resolution and moderation process ..." The Charter however writes: "Wikimedia project communities have autonomy to establish policies for their individual projects, so long as such policies are in conformity with this Charter and the framework of global policies. This autonomy allows individuals and communities to experiment and develop new social and technological approaches." The legal twist here is, that there is no question of 'autonomy' when one has to follow rules given by a higher rulemaking body. The WMF as the highest rulemaking body does have the autonomy, the communities have the derived, subordinate right to establish specific policies that fit within the higher rulings. They are only valid in that individual community and can not be imposed on other communities. Besides their own subordinate policies, the communities have to follow and execute the global policies.

Movement Charter does NOT set a new high level framing and more detailed policies and descriptions of expected behavior and assumed responsibility

The Wikimedia Terms of Use and the Universal Code of Conduct cover more detailed policies and descriptions of expected behavior and assumed responsibilities than the Charter does. Besides, the Wikimedia policies offer Enforcement guidelines, which are missing in the Chapter.

Movement Charter makes project communities as an entity liable for the content

Where the Terms of Use only make the individual contributor responsible for all his/her own edits, deletions and other actions, and clearly keep the Wikimedia Foundation out of liability, the Charter makes the whole community of a Wikimedia Project responsible for the content as a whole on their project. The drafters seem to believe that they bring a basic right for the communities with this phrase - apparently unaware that the legal flipside of responsibility can be liability. In combination with the rule in the Charter text that project communities have autonomy to establish policies, with the legal flipside that policies and policy enforcement have to be in line with applicable law, this could have as a consequence in various jurisdictions that legal claims against a 'project community' can be handed in, to take down content and a project community could be hold liable for eventual damage. Where huge hosting providers like Alphabet, Meta or the Wikimedia Foundation have been active in the US, India and EU law making proces, to only have a limited liability, the Movement Charter Drafting Commitee might establish full liability on the most vulnerable group in the Wikimedia Movement, the individual volunteering contributors, legally branded as 'project community'.

Written with the intention to raise awareness for all the work that has been done in earlier years, to develop a fair and balanced set of basic rules for the Wikimedia Movement, and as a pledge to use them and to build on them, instead of reinventing the wheel. Thanks for your attention, Kevin Bouwens (talk) 07:02, 1 August 2024 (UTC)